I 

112TH CONGRESS 

1ST SESSION H. R. 1459 

To amend the Immigration and Nationality Act with respect to detention 

of unlawfully present aliens who are apprehended for driving while intoxicated, to improve State and local enforcement of immigration laws, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2011 

Mrs. MYRICK (for herself and Mr. MCINTYRE) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act with respect 

to detention of unlawfully present aliens who are apprehended for driving while intoxicated, to improve State 

and local enforcement of immigration laws, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Scott Gardner Act’’. 


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1 SEC. 2. DETENTION AND REMOVAL OF ALIENS APPRE2 HENDED FOR DRIVING WHILE INTOXICATED 

3 (DWI). 

4 Section 236 of the Immigration and Nationality Act 

5 (8 U.S.C. 1226) is amended— 

6 (1) in subsection (c)(1)— 

7 (A) in subparagraph (C), by striking ‘‘or’’ 

8 at the end; 

9 (B) in subparagraph (D), by adding ‘‘or’’ 

10 at the end; and 

11 (C) by adding after subparagraph (D) the 

12 following: 

13 ‘‘(E) is unlawfully present in the United 

14 States and is apprehended for driving while in15 toxicated, driving under the influence, or simi16 lar violation of State law (as determined by the 

17 Secretary of Homeland Security) by a State or 

18 local law enforcement officer,’’; 

19 (2) by redesignating subsection (e) as sub20 section (f); and 

21 (3) by inserting after subsection (d) the fol22 lowing new subsection: 

23 ‘‘(e) DRIVING WHILE INTOXICATED.—If a State or 

24 local law enforcement officer apprehends an individual for 

25 an offense described in subsection (c)(1)(E) and the offiVerDate Mar 15 2010 01:47 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1459.IH H1459

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1 cer has reasonable ground to believe that the individual 

2 is an alien— 

3 ‘‘(1) the officer shall verify with the databases 

4 of the Federal Government, including the National 

5 Criminal Information Center and the Law Enforce6 ment Support Center, whether the individual is an 

7 alien and whether such alien is unlawfully present in 

8 the United States; and 

9 ‘‘(2) if any such database indicates that the in10 dividual is an alien unlawfully present in the United 

11 States— 

12 ‘‘(A) a State or local law enforcement offi13 cer is authorized to issue a Federal detainer to 

14 maintain the alien in custody in accordance 

15 with such agreement until the alien is convicted 

16 for such offense or the alien is transferred to 

17 Federal custody; 

18 ‘‘(B) the officer is authorized to transport 

19 the alien to a location where the alien can be 

20 transferred to Federal custody and shall be re21 moved from the United States in accordance 

22 with applicable law; and 

23 ‘‘(C) the Secretary of Homeland Security 

24 shall— 


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1 ‘‘(i) reimburse the State and local law 

2 enforcement agencies involved for the costs 

3 of transporting aliens when such transpor4 tation is not done in the course of their 

5 normal duties; and 

6 ‘‘(ii) prioritize removal of such 

7 aliens.’’. 

8 SEC. 3. ELIGIBILITY REQUIREMENT FOR STATE CRIMINAL 

9 ALIEN ASSISTANCE PROGRAM (SCAAP) FUND10 ING. 

11 Section 241(i) of the Immigration and Nationality 

12 Act (8 U.S.C. 1231(i)) is amended by adding at the end 

13 the following: 

14 ‘‘(7) A State (or a political subdivision of a 

15 State) shall not be eligible to enter into a contrac16 tual arrangement under paragraph (1) unless the 

17 State (or political subdivision), not later than Janu18 ary 1, 2014, is participating in either or both of the 

19 following (or any appropriate successor): 

20 ‘‘(A) the program under section 287(g) of 

21 the Immigration and Nationality Act (8 U.S.C. 

22 1357(g)); or 

23 ‘‘(B) the Secure Communities initiative of 

24 the Department of Homeland Security.’’. 


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1 SEC. 4. STATE AND LOCAL ENFORCEMENT OF FEDERAL IM2 MIGRATION LAWS. 

3 (a) IN GENERAL.—Section 287(g) of the Immigra4 tion and Nationality Act (8 U.S.C. 1357(g)) is amended— 

5 (1) in paragraph (1), by striking ‘‘may’’ and in6 serting ‘‘shall’’ the first place it appears; 

7 (2) in paragraph (2), by adding at the end the 

8 following new sentence: ‘‘If such training is provided 

9 by a State or political subdivision of a State to an 

10 officer or employee of such State or political subdivi11 sion of a State, the cost of such training (including 

12 applicable cost of overtime) shall be reimbursed by 

13 the Secretary of Homeland Security.’’; and 

14 (3) by striking paragraph (9) and redesignating 

15 paragraph (10) as paragraph (9). 

16 (b) EFFECTIVE DATES.— 

17 (1) REQUIREMENT FOR AGREEMENT.—The 

18 amendments made by paragraphs (1) and (3) of 

19 subsection (a) shall take effect on such date (not 

20 later than one year after the date of the enactment 

21 of this Act) as the Secretary of Homeland Security 

22 shall specify. 

23 (2) PAYMENT FOR TRAINING COSTS.—The 

24 amendment made by subsection (a)(2) shall take efVerDate Mar 15 2010 01:47 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1459.IH H1459

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1 fect on the first day of the first fiscal year beginning 

2 after the date of the enactment of this Act. 

Æ 


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